MYNORTHWEST POLITICS

How does Washington fix its eviction case backlog? A constitutional change is needed

May 24, 2024, 7:08 AM | Updated: 10:56 am

constitutional unlawful detainer...

Exterior of Jason Roth's rental property in Madison Valley, the subject of an unlawful detainer case in Washington. (Photo courtesy of The Jason Rantz Show)

(Photo courtesy of The Jason Rantz Show)

Jason Roth has been struggling with a nightmare tenant who rented his only home last year. Despite going through the legal eviction process known as unlawful detainer in Washington, Roth told the State Senate Housing Committee in January that the tenant is still occupying his South Seattle home after months of effort.

“I’ve been living in my van, couch-surfing and showering at my gym,” he said. “None of this makes sense to me, and I ask myself every day who wins in this situation.”

Roth was informed that a backlog of unlawful detainer cases in King County is pushing his court date back by six to eight months.

More on Roth’s tenant: Seattle homeowner’s ‘nightmare’ situation resolved one year later

He’s not alone.

King County Superior Court Presiding Judge Ketu Shah reported a 24% increase in hearings for unlawful detainer cases, resulting in months-long delays before hearings are set. King County has seen cases rise from an average of 57 per month in 2021 to 622 per month in 2024. As of March 31, 2,151 cases are pending, with only about a dozen resolved per day.

King County is struggling with this workload due to a constitutional requirement that unlawful detainer cases must be heard by a constitutional commissioner. Each county is limited to three commissioners, regardless of population size.

“This is where our system is broken,” Democratic Sen. Mark Mullet, D-Issaquah, who is also running for governor, said. “We have 39 counties; some have 40,000 people, and some, like King County, have 2.3 million people — they all have a three-commissioner limit. We need to change the constitution.”

Republican King County Councilmember Reagan Dunn agreed.

“It might have made sense in 1889, but King County has a third of the state’s population,” Dunn said. “Three commissioners just aren’t going to get it done.”

A change to the constitution requires a two-thirds vote in both the state House and Senate. Dunn attributes the rise in unlawful detainer cases to the expiration of pandemic-era tenant protections.

“Most of those provisions have sunsetted, even in Seattle, and now landlords have the legal right to remove tenants from their property,” Dunn said.

Additionally, state legislators have assigned more duties to constitutional commissioners, including cases regarding guardianship, right to counsel and domestic violence protection orders.

“This is the trifecta that’s created our current headache and misery,” Mullet said.

More from Matt Markovich: Washington Republicans face internal feud over endorsements ahead of elections

Senate Bill 6210, sponsored by Mullet, proposed authorizing “statutory commissioners” to hear unlawful detainer cases and included $5.25 million to fund these positions. However, it was defeated due to additional requirements for income limits on state-funded legal representation in evictions.

Mullet believes a “clean bill” focusing solely on increasing constitutional commissioners would garner bipartisan support. Dunn is also seeking funding in the 2025 King County budget for more commissioners, pending legislative changes.

“I have a lot of anxiety if we don’t fix the system,” Mullet said. “We will end up with people not wanting to be housing providers in Washington because they feel there’s no certainty.”

Matt Markovich often covers the state legislature and public policy for KIRO Newsradio. You can read more of Matt’s stories here. Follow him on X, or email him here.

Please follow our Community Guidelines

MyNorthwest Politics

tukwila public camping ban homeless...

Luke Duecy

Tukwila City Council approves homeless camping ban on city property, penalties include up to 90 days in jail

The Tukwila City Council has voted to make camping on city property a misdemeanor, approving a controversial ordinance supporters said will help police address homeless encampments.

24 hours ago

kalshi gambling laws washington...

Katrina Guischard

Judge rules Kalshi likely violated Washington gambling laws

A King County Superior Court judge has ruled that online prediction market operator Kalshi likely violated Washington state gambling laws and consumer protection statutes.

1 day ago

2 Federal way mayor...

John Curley Show

‘Robberies have dropped 71%’: Federal Way mayor talks policing wins, data centers, but dodges governor question

Crime in Federal Way has significantly declined, with car thefts down 80%, robberies down 71%, and burglaries down 60%.

2 days ago

washington budget democratic governors...

Charlie Harger

Harger: Washington’s budget went from $33 billion to $80 billion. Two former Democratic governors claim Olympia has lost the thread

Between Gary Locke and Christine Gregoire, they've balanced more budgets than anyone currently working in Olympia, and they know what one looks like when it's heading somewhere bad.

2 days ago

Hannah Sabio-Howell...

Jake Skorheim and Spike O'Neill Show

‘The status quo hasn’t been working’: Democratic Socialist Sabio-Howell on her bid to unseat Jamie Pedersen

Hannah Sabio-Howell aims to unseat Jamie Pedersen, arguing the status quo harms Washington residents.

4 days ago

ICE jayapal...

James Lynch

‘A regime of brutality’: ICE enforcement draws fire from Jayapal, local leaders after fatal shootings in Texas and Maine

U.S. Representative Pramila Jayapal denounced what she called a “regime of brutality” as ICE enforcement ramps up in the Puget Sound area.

5 days ago

How does Washington fix its eviction case backlog? A constitutional change is needed